[Introduced
February 1, 2016; Referred
to the Committee on the Judiciary.]

A BILL to amend and
reenact §3-1-34 and §3-1-41 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section, designated §3-1-51, and to
amend and reenact §17B-2-1 of said code, all relating to voting procedures;
requiring a person desiring to vote to present documentation identifying the
voter to one of the poll clerks; setting forth the requirements for that
documentation; identifying acceptable documentation; providing alternative
procedures for casting a ballot where acceptable identification is lacking; exempting
from disclosure the address of individuals in the Address Confidentiality
Program; directing the Secretary of State to educate voters about the
identification requirement and develop a program to help ensure that all
eligible voters obtain identification; providing for casting of provisional
ballot by a person without adequate proof of identification; providing certain
exemptions from the requirement to present a photo identification card;
modifying provisional ballot procedures; providing for issuance of
identification cards at no charge; and establishing procedures for persons over
a certain age and lacking certain documents to acquire driver’s licenses and photo
identification cards.

Be it enacted by the
Legislature of West Virginia:

That §3-1-34 and
§3-1-41 of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that said code be amended by adding thereto a new section,
designated §3-1-51; and that §17B-2-1 of said code be amended and reenacted,
all to read as follows:

(a) AnyA
person desiring to vote in an election shall, upon entering the election room,
clearly state his or her name and residence to one of the poll clerks who shall
thereupon announce the same in a clear and distinct tone of voice. For elections after January 1, 2018, the person
desiring to vote shall present to one of the poll clerks an identifying
document meeting the requirements of subdivision (1) of this subsection; and, the
poll clerk shall inspect and confirm that the name on the identifying document
conforms to the name in the individual's voter registration record and that the
image displayed is truly an image of the person presenting the document.If that person
is found to be duly registered as a voter at that precinct, he or she shall
sign his or her name in the designated location provided at the precinct. If
that person is physically or otherwise unable to sign his or her name, his or
her mark shall be affixed by one of the poll clerks in the presence of the
other and the name of the poll clerk affixing the voter's mark shall be
indicated immediately under the affixation. No ballot may be given to the
person until he or she signs his or her name on the designated location or his
or her signature is affixed thereon.

(1)
A valid identifying document must:

(A)
Have been issued either by the State of West Virginia, or one of its subsidiaries,
or by the United States Government; and

(B)
Must contain the name and a photograph of the person desiring to vote; and

(C)
Must either be currently valid or have expired no more than six months before
the date of the primary or general election in which the person desires to
vote.

(2)
A person desiring to vote may produce any of the following documents:

(A)
A valid West Virginia driver’s license or valid West Virginia identification
card issued by the West Virginia Division of Motor Vehicles;

(B)
A valid driver’s license issued by a state other than the State of West
Virginia;

(C)
A valid United States passport or passport card;

(D)
A valid employee identification card with a photograph of the eligible voter
issued by any branch, department, agency, or entity of the United States
Government or of the State of West Virginia, or by any county, municipality,
board, authority, or other political subdivision of West Virginia;

(E)
A valid student identification card with a photograph of the eligible voter
issued by an institution of higher education in West Virginia, or a valid high
school identification card issued by a West Virginia high school;

(F)
A valid military identification card issued by the United States with a
photograph of the person desiring to vote;

(G)
A valid concealed carry (pistol/revolver) permit issued by the Sheriff of the
County with a photograph of the person desiring to vote; or

(H)
A valid Medicare card or Social Security Card: Provided, That it is not
necessary for such to contain a photograph.

(3)
In lieu of providing identifying documents, as required by this section, a
registered voter may be accompanied at the polling place by an adult known to
the registered voter for at least six months, who can sign an affidavit on a
form provided to clerks and poll workers by the office of the secretary of
state, which states under oath or affirmation that the adult has known the
registered voter for at least six months, and that in fact the registered voter
is the same person who is present for the purpose of voting, and with that
affidavit the adult shall present at least one identifying document with his or
her name, address, and photograph. A poll worker may sign an affidavit for a
voter known to the poll worker at least six months without presenting an
identifying document, and may take the oath or affirmation of an adult
providing an affidavit at the polling place if so authorized by the clerk
conducting voting procedures at the polling place.

(4)
If the person desiring to vote is unable to furnish an identifying document
which contains his or her name and a photograph, or, if the poll clerk
determines that the proof of identification presented by the voter does not
qualify as proof of identification under the above listed criteria, the person
desiring to vote shall be allowed to cast a provisional ballot after executing
an affidavit affirming his or her identity pursuant to paragraph (B) of this
subdivision.

(A)
The provisional ballot is entitled to be counted once the election authority
verifies the identity of the individual by comparing that individual's
signature to the current signature on file with the election authority and
determines that the individual was otherwise eligible to cast a ballot at the
polling place where the ballot was cast.

(B)
The affidavit to be used for voting shall be substantially in the following
form:

“State
of West Virginia

County
of .....................................

I
do solemnly swear (or affirm) that my name is .................................................;
that I reside at.............................; and that I am the person listed
in the precinct register under this name and at this address.

I
understand that knowingly providing false information is a violation of law and
subjects me to possible criminal prosecution.

.......................................................

Signature
of voter

Subscribed
and affirmed before me this ........... day of ....................., 20....

................................

Name
of Election Official

................................

Signature
of Election Official”.

(5)
A voter who votes in person at a precinct polling place that is located in a
building which is part of a state licensed care facility where the voter is a
resident is not required to provide proof of identification as a condition
before voting in an election.

(6)
If the voter objects to the photograph requirement because of religious
beliefs, he or she may execute an affidavit of religious exemption that shall
be in the following form:

“State
of West Virginia

County
of .....................................

I,........................,
residing at ...................................., do hereby swear or affirm
that because of my religious beliefs, I object to having my photograph taken
and that I do not possess a form of identification that meets the requirements
of the election laws of this state showing my photograph.

I
understand that knowingly providing false information is a violation of law and
subjects me to a fine of up to $1,000 and/or confinement in jail for up to one
year.

I
hereby swear or affirm, under the penalties for providing false information,
that I am the identical person whom I represent myself to be and that to the
best of my knowledge and belief the information above is true and correct.

...........................

Signature
of voter

Subscribed
and affirmed before me this ........... day of ....................., 20....................................

Name
of Election Official

................................

Signature
of Election Official”.

(7)
The person entering voter information into the centralized voter registration
database shall cause the records to indicate when a voter has not presented a
valid photo identification and has executed a voter identity affidavit.

(8)
If a voter participating in the Address Confidentiality Program established by
section one hundred three, article twenty-eight-a, chapter forty-eight of this
code, executes a voter identity affidavit, the program participant's
residential or mailing address is subject to the confidentiality provisions of
section one hundred eight, article twenty-eight-a, chapter forty-eight of this
code and shall be used only for those statutory and administrative purposes
authorized by this section.

(9)
Prior to the next primary or general election following the effective date of
this section, the Secretary of State shall educate voters about the
identification requirement and develop a program to help ensure that all
eligible voters are able to obtain an identifying document.

(b) The clerk of the county
commission is authorized, upon verification that the precinct at which a
handicapped person is registered to vote is not handicap accessible, to
transfer that person's registration to the nearest polling place in the county
which is handicap accessible. A request by a handicapped person for a transfer
of registration must be received by the county clerk no later than thirty days prior
to the date of the election. AnyA
handicapped person who has not made a request for a transfer of registration at
least thirty days prior to the date of the election may vote a provisional
ballot at a handicap accessible polling place in the county of his or her
registration. If during the canvass the county commission determines that the
person had been registered in a precinct that is not handicap accessible, the
voted ballot, if otherwise valid, shall be counted. The handicapped person may
vote in the precinct to which the registration was transferred only as long as
the disability exists or the precinct from which the handicapped person was
transferred remains inaccessible to the handicapped. To ensure confidentiality
of the transferred ballot, the county clerk processing the ballot shall provide
the voter with an unmarked envelope and an outer envelope designated
“provisional ballot/handicapped voter”. After validation of the ballot at the
canvass, the outer envelope shall be destroyed and the handicapped voter's
ballot shall be placed with other approved provisional ballots prior to removal
of the ballot from the unmarked envelope.

(c) When the voter's
signature is properly markedand the
voter has presented a valid identifying document, the two poll clerks shall sign their names in the
places indicated on the back of the official ballot and deliver the ballot to
the voter to be voted by him or her without leaving the election room. If he or
she returns the ballot spoiled to the clerks, they shall immediately mark the
ballot “spoiled” and it shall be preserved and placed in a spoiled ballot
envelope together with other spoiled ballots to be delivered to the board of
canvassers and deliver to the voter another official ballot, signed by the
clerks on the reverse side. The voter shall thereupon retire alone to the booth
or compartment prepared within the election room for voting purposes and there
prepare his or her ballot. In voting for candidates in general and special
elections, the voter shall comply with the rules and procedures prescribed in
section five, article six of this chapter.

(d) It is the duty of a
poll clerk, in the presence of the other poll clerk, to indicate by a check
mark, or by other means, inserted in the appropriate place on the registration
record of each voter the fact that the voter voted in the election. In primary
elections the clerk shall also insert
thereonon the registration record
of each votera distinguishing
initial or initials of the political party for whose candidates the voter
voted. If a person is challenged at the polls, the challenge shall be indicated
by the poll clerks on the registration record, together with the name of the
challenger. The subsequent removal of the challenge shall be recorded on the
registration record by the clerk of the county commission.

(e)
(1) No voter may receive any assistance in voting unless, by reason of
blindness, disability, advanced age or inability to read and write, that voter
is unable to vote without assistance. Any
voter so qualified to receive assistance in voting under the
provisions of this section may:

(A) Declare his or her
choice of candidates to an Election Commissioner of each political party who,
in the presence of the voter and in the presence of each other, shall prepare the ballot for voting in the manner hereinbefore
provided in this section and, on request, shall read to the voter the
names of the candidates selected on the ballot;

(B) Require the Election
Commissioners to indicate to him or her the relative position of the names of
the candidates on the ballot, whereupon the voter shall then
retire to one of the booths or compartments to prepare his or her ballot in the
manner hereinbefore provided in this section;

(C) Be assisted by any
person of the voter's choice, other than the voter's present or former employer
or agent of that employer, the officer or agent of a labor union of which the
voter is a past or present member or a candidate on the ballot or an official
write-in candidate; or

(D) If he or she is handicapped,
vote from an automobile outside the polling place or precinct by the absentee
balloting method provided in subsection (e), section five, article three of
this chapter in the presence of an Election Commissioner of each political
party if all of the following conditions are met:

(i) The polling place is
not handicap accessible; and

(ii) No voters are voting
or waiting to vote inside the polling place.

(2) The voted ballot shall
then be returned to the precinct officials and secured in a sealed envelope to
be returned to the clerk of the county commission with all other election
materials. The ballot shall then be tabulated using the appropriate method
provided in section eight of this chapter as it relates to the specific voting
system in use.

(3) AnyA
voter who requests assistance in voting
but who is believed not to be qualified for assistance under the provisions of
this section shall nevertheless be permitted to vote a provisional ballot with
the assistance of any person herein authorized to render assistance.

(4) Any One or
more of the Election Commissioners or poll clerks in the precinct may challenge
the ballot on the ground that the voter thereof received assistance in
voting it when in his, her or their opinion the person who received assistance
in voting is not so illiterate, blind, disabled or of such advanced age as to
have been unable to vote without assistance. The Election Commissioner or poll
clerk or commissioners or poll clerks making the challenge shall enter the
challenge and reason thereforthe reason for such challenge on
the form and in the manner prescribed or authorized by article three of this
chapter.

(5) An Election
Commissioner or other person who assists a voter in voting:

(A) May not in any manner request or seek to persuade or
induce the voter to vote anya particular ticket or for anya particular candidate or for or against any public question and must
not keep or make any memorandum or entry of anything occurring within the
voting booth or compartment and must not, directly or indirectly, reveal to any
person the name of anya candidate voted for by the voter, or
which ticket he or she had voted or how he or she had voted on any public
question or anything occurring within the voting booth, or compartment,
or voting machine booth except when required pursuant toby law
to give testimony as to the matter in a judicial proceeding; and

(B) Shall sign a written
oath or affirmation before assisting the voter on a form prescribed by the
Secretary of State stating that he or she will not override the actual
preference of the voter being assisted, attempt to influence the voter's choice
or mislead the voter into voting for someone other than the candidate of
voter's choice. The person assisting the voter shall also swear or affirm that
he or she believes that the voter is voting free of intimidation or
manipulation.Provided, That No person providing
assistance to a voter is required to sign an oath or affirmation where the
reason for requesting assistance is the voter's inability to vote without
assistance because of blindness as defined in section three, article fifteen,
chapter five of this code and the inability to vote without assistance because
of blindness is certified in writing by a physician of the voter's choice and
is on file in the office of the clerk of the county commission.

(6)
In accordance with instructions issued by the Secretary of State, the clerk of
the county commission shall provide a form entitled “list of assisted voters”, the
form of which list shall likewise beon a form as prescribed by the
Secretary of State. The commissioners shall enter the name of each voter
receiving assistance in voting the ballot, together with the poll slip number
of that voter and the signature of the person or the commissioner from each
party who assisted the voter. If no voter has been assisted in voting, the
commissioners shall likewise make and subscribe to an oath of that fact
on the list.

(f)
After preparing the ballot, the voter shall fold the ballot so that the face is
not exposed and so that the names of the poll clerks thereonon
it are seen. The voter shall announce his or her name and present his or
her ballot to one of the commissioners who shall hand the same to another
commissioner, of a different political party, who shall deposit it in the
ballot box if the ballot is the official one and properly signed. The
commissioner of election may inspect every ballot before it is deposited in the
ballot box to ascertain whether it is single; but without unfolding or
unrolling it so as to disclose its content. When the voter has voted, he or
she shall retire immediately from the election room and beyond the sixty-foot
limit thereof and mayand not return except by permission of the
commissioners.

(g)
Following the election, the oaths or affirmations required by this section from
those assisting voters, together with the “list of assisted voters”, shall be
returned by the Election Commissioners to the clerk of the county commission
along with the election supplies, records and returns. The clerk of the county
commission shall make the oaths, affirmations and list available for public
inspection and shall preserve them for a period of twenty-two months or
until disposition is authorized or directed by the Secretary of State or court
of record. Provided, That The clerk may use these records
to update the voter registration records in accordance with subsection (d),
section eighteen, article two of this chapter.

(h)
Any person making an oath or affirmation required under the provisions of this
section who knowingly swears falsely or any person who counsels, advises, aids
or abets another in the commission of false swearing under this section, is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not more than
$1,000 or confined in jail for a period of not more than one year, or both
fined and confined.

(i)
Any Election Commissioner or poll clerk who authorizes or provides unchallenged
assistance to a voter when the voter is known to the Election Commissioner or
poll clerk not to require assistance in voting, is guilty of a felony and, upon
conviction thereof, shall be fined not more than $5,000 or imprisoned in a
state correctional facility for a period of not less than one year nor more
than five years, or both fined and imprisoned.

(a)
It is the duty of the members of the receiving board, jointly or severally, to
challenge the right of any person requesting a ballot to vote in any election:

(1)
If the person's registration record is not available at the time of the
election;

(2)
If the signature written by the person in the poll book does not correspond
with the signature purported to be his or hers on the registration record;

(3)
If the registration record of the person indicates any other legal
disqualification; or

(4)
If the person fails to present a valid identifying document pursuant to section
34 of this article; or

(4)(5)
If any other valid challenge exists against the voter pursuant to section ten,
article three of this chapter.

(b)
Any person challenged shall nevertheless be permitted to vote in the election.
He or she shall be furnished an official ballot not endorsed by the poll
clerks. In lieu of the endorsements, the poll clerks shall complete and sign
an appropriate form indicating the challenge, the reason thereof and the name
or names of the challengers. The form shall be securely attached to the
voter's ballot and deposited together with the ballot in a separate box or
envelope marked “provisional ballots”.

(c)
At the time that an individual casts a provisional ballot, the poll clerk shall
give the individual written information stating that an individual who casts a
provisional ballot will be able to ascertain under the free access system
established in this section whether the vote was counted and, if the vote was not
counted, the reason that the vote was not counted.

(d)
Before an individual casts a provisional ballot, the poll clerk shall provide
the individual written instructions, supplied by the board of ballot
commissioners, stating that if the voter is casting a ballot in the incorrect
precinct, the ballot cast may not be counted for that election: Provided,
That if the voter is found to be in the incorrect precinct, then the poll
worker shall attempt to ascertain the appropriate precinct for the voter to
cast a ballot and immediately give the voter the information if ascertainable.

(e)
Provisional ballots may not be counted by the election officials. The county
commission shall, on its own motion, at the time of canvassing of the election
returns, sit in session to determine the validity of any challenges according
to the provisions of this chapter. If the county commission determines that
the challenges are unfounded, each provisional ballot of each challenged voter,
if otherwise valid, shall be counted and tallied together with the regular
ballots cast in the election. The county commission, as the board of
canvassers, shall protect the privacy of each provisional ballot cast. The
county commission shall disregard technical errors, omissions or oversights if
it can reasonably be ascertained that the challenged voter was entitled to
vote.

(f)
Any person duly appointed as an Election Commissioner or clerk under the
provisions of section twenty-eight of this article who serves in that capacity
in a precinct other than the precinct in which the person is legally entitled
to vote may cast a provisional ballot in the precinct in which the person is
serving as a commissioner or clerk. The ballot is not invalid for the sole
reason of having been cast in a precinct other than the precinct in which the
person is legally entitled to vote. The county commission shall record the
provisional ballot on the voter's permanent registration record: Provided,
That the county commission may count only the votes for the offices that the
voter was legally authorized to vote for in his or her own precinct.

(g)
The Secretary of State shall establish a free access system, which may include
a toll-free telephone number or an Internet website, that may be accessed by
any individual who casts a provisional ballot to discover whether his or her
vote was counted and, if not, the reason that the vote was not counted.

(a) The clerk of the county commission shall cause a
letter to be mailed by first class mail to each voter who executed a voter
identity affidavit pursuant to section thirty-four of this article. The letter
shall be mailed within sixty days after the election. The clerk shall mark the
envelope with instructions to the United States Post Office not to forward the
letter and to provide address correction information. The letter shall notify
the addressee that a person who did not present valid photo identification
voted using his or her name and address and instruct the addressee to contact
the clerk immediately if he or she did not vote. The letter shall also inform
the addressee of the procedure for obtaining a nondriver's picture
identification card for voting purposes.

(b)
The clerk of the county commission shall cause letters mailed pursuant to
subsection (a) of this section that are returned as undeliverable by the United
States Post Office to be referred to the Secretary of State. The clerk shall
also prepare and forward to the Secretary of State a list of all persons who
were mailed letters under subsection (a) of this section and who notified the
clerk that they did not vote. Upon receipt of notice from a person who
receives a letter mailed pursuant to subsection (a) of this section that the
person did not vote, or upon receipt of a referral from the clerk, the
Secretary of State shall cause an investigation to be made to determine whether
fraudulent voting occurred. The Secretary of State shall submit a report to the
Joint Committee on the Judiciary and the Joint Committee on Finance and
Administration detailing the results of all investigations of voter identity
affidavits, including, but not limited to, the number of investigations, the
number of ballots cast, and the number and results of any determinations made
regarding fraudulent voting.

CHAPTER
17B. MOTOR VEHICLE DRIVER'S LICENSES.

ARTICLE 2. ISSUANCE OF
LICENSE, EXPIRATION AND RENEWAL.

§17B-2-1. Drivers must
be licensed; types of licenses; licensees need not obtain local government
license; motorcycle driver license; identification cards.

(a) (1) No person, except those hereinafter expressly
exempted, may drive anya motor vehicle upon a street or highway
in this state or upon anya subdivision street used by the public
generally unless the person has a valid driver's license issued pursuant to
this code for the type or class of vehicle being driven.

(2)
Any person licensed to operate a motor vehicle pursuant to this code may exercise
the privilege thereby granted in the manner provided in this code and, except
as otherwise provided by law, is not required to obtain any other license to
exercise the privilege by anya county, municipality or local
board or body having authority to adopt local police regulations.

(b)
The division, upon issuing a driver's license, shall indicate on the license
the type or general class or classes of vehicles the licensee may operate in
accordance with this code, federal law or rule. Licenses shall be issued in
different colors for those drivers under age eighteen, those drivers age
eighteen to twenty-one and adult drivers. The commissioner is authorized to
select and assign colors to the licenses of the various age groups.

(c)
The following drivers licenses classifications are hereby established:

(1)
A Class A, B or C license shall be issued to those persons eighteen years of
age or older with two years of driving experience who have qualified for the
commercial driver's license established by chapter seventeen-e of this code and
the federal Motor Carrier Safety and Improvement Act of 1999 and subsequent
rules and have paid the required fee.

(2)
A Class D license shall be issued to those persons eighteen years and older
with one year of driving experience who operate motor vehicles other than those
types of vehicles which require the operator to be licensed under the
provisions of chapter seventeen-e of this code and federal law and rule and
whose primary function or employment is the transportation of persons or
property for compensation or wages and have paid the required fee. For the
purpose of regulating the operation of motor vehicles, wherever the term
“chauffeur's license” is used in this code, it shall be construed to meanmeans the Class A, B, C or D license described in this section or
chapter seventeen-e of this code or federal law or rule: Provided, That
anyone not required to be licensed under the provisions of chapter seventeen-e
of this code and federal law or rule and who operates a motor vehicle
registered or required to be registered as a Class A motor vehicle, as that
term is defined in section one, article ten, chapter seventeen-a of this code,
with a gross vehicle weight rating of less than eight thousand one pounds, is
not required to obtain a Class D license.

(3)
A Class E license shall be issued to those persons who have qualified
for a driver’s license under the provisions of this chapter and who are not
required to obtain a Class A, B, C or D license and who have paid the required
fee. The Class E license may be endorsed under the provisions of section
seven-b of this article for motorcycle operation. The Class E or (G)G
license for anya person under the age of eighteen may also be
endorsed with the appropriate graduated driver license level in accordance with
the provisions of section three-a of this article.

(4)
A Class F license shall be issued to those persons who successfully complete
the motorcycle examination procedure provided by this chapter and have paid the
required fee but who do not possess a Class A, B, C, D or E driver's license.

(5)
A Class G driver’s license or instruction permit shall be issued to a person
using bioptic telescopic lenses who has successfully completed an approved
driver training program and complied with all other requirements of article
two-b of this chapter.

(d)
All licenses issued under this section may contain information designating the
licensee as a diabetic, organ donor, as deaf or hard-of-hearing, or as
having any other handicap or disability or that the licensee is an honorably
discharged veteran of any branch of the Armed Forces of the United States,
according to criteria established by the division, if the licensee requests
this information on the license. An honorably discharged veteran may be issued
a replacement license without charge if the request is made before the
expiration date of the current license and the only purpose for receiving the
replacement license is to get the veterans designation placed on the license.

(e)
No person, except those hereinafter expressly exempted, may drive anya
motorcycle uponon a street or highway in this state or upon
anyon a subdivision street used by the public generally unless the
person has a valid motorcycle license, a valid license which has been endorsed
under section seven-b of this article for motorcycle operation or a valid
motorcycle instruction permit.

(f)
(1) An identification card may be issued to anya person who:

(A)
Is a resident of this state in accordance with the provisions of section one-a,
article three, chapter seventeen-a of this code;

(B)
Has reached the age of two years The division may also issue an
identification card to a person under the age of two years,for good cause
shown;or, for good cause shown, under the age of two.

(C)
Has paid the required fee of $2.50 per year: Provided, That the fee
is notno fees or charges, including renewal fees, are required if
the applicant:

(i)
Is sixty-five years or older; or

(ii)
Is legally blind; andor

(iii)
Will be at least eighteen years of age at the next general, municipal or
special election and intends to use this identification card as a form of
identification for voting; and

(D)
Presents a birth certificate or other proof of age and identity acceptable to
the division with a completed application on a form furnished by the division.

(2)
The identification card shall contain the same information as a driver's
license except that the identification card shall be clearly marked as an
identification card. The division may issue an identification card with less
information to persons under the age of sixteen. An identification card may be
renewed annually on application and payment of the fee required by this
section.

(A)
Every identification card issued to a person who has attained his or her
twenty-first birthday expires on the licensee’s birthday in those years in
which the licensee’s age is evenly divisible by five. Except as provided in
paragraph (B) of this subdivision, no identification card may be issued for
less than three years or for more than seven years and expires on the
licensee’s birthday in those years in which the licensee’s age is evenly
divisible by five.

(B)
Every identification card issued to a person who has not attained his or her
twenty-first birthday expires thirty days after the licensee’s twenty-first
birthday.

(C)
Every identification card issued to persons under the age of sixteen shall be
issued for a period of two years and shall expire on the last day of the
month in which the applicant's birthday occurs.

(3)
The division may issue an identification card to an applicant whose privilege
to operate a motor vehicle has been refused, canceled, suspended or revoked
under the provisions of this code.

(g)
For any person over the age of fifty years who wishes to obtain a driver’s
license or identification card under the provisions of this section:

(1) A raised seal or stamp on the birth certificate or
certified copy of the birth certificate is not required if the issuing jurisdiction
does not require one; and

(2) If documents are lacking to prove all changes of
name in the history of any such applicant, applicants renewing a driver’s
license or identification card under the provisions of this section may
complete a Name Variance Approval Document as instituted by the division, so
long as they can provide:

(A) Proof of identity;

(B) Proof of residency; and

(C) A valid Social Security number.

(3) The division may waive any documents necessary to
prove a match between names, so long as the division determines the person is
not attempting to:

(A) Change his or her identity;

(B) Assume another person’s identity; or

(C) Commit a fraud.

(h) A person over the age of seventy years, or, is on
Social Security disability, who wishes to obtain or renew a driver’s license or
identification card under the provisions of this section, may not be required
to furnish a copy of a birth certificate if they can provide:

(1) Proof of identity;

(2) Proof of residency;

(3) A valid Social Security number; and

(4) One of the following identifying items:

(A) A form of military identification, including a
DD214 or equivalent;

(B) An US passport, whether valid or expired;

(C) School records, including a yearbook;

(D) A family Bible or baptismal certificate or.

(E) An expired driver’s license, employment
identification card, or other reliable identification card with a recognizable
photograph of the person.

(g)(i) Any person violating the provisions of this section is guilty of a
misdemeanor and, upon conviction, shall be fined not more than $500 and, upon a
second or subsequent conviction, shall be fined not more than $500 or confined
in jail not more than six months, or both fined and confined.

NOTE: The purpose of this bill is
to require voters to provide a photo identification when voting, to identify
the requirements for those photo identifications, to set forth certain
qualifying identification documents, to provide for provisional ballots to be
cast by voters who do not possess the required photo identification, to allow
for certain exemptions for those who live in nursing care facilities where
precincts are located and those with religious objections to having their
photograph taken, to update provisional ballot procedures, to provide for
complimentary photo identification cards to a voter upon request and
representation that the photo identification card is requested for the purpose
of voting and, additionally, to establish procedures for persons over a certain
age and lacking certain documents to acquire driver’s licenses and photo
identification cards.

Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.